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Imperial removes “legal framework” for supporting trans students from policies

New guidance issued in light of Office for Students conditions for registration, amidst free speech rules changing.

Imperial College has made several changes to its policy Supporting trans and non-binary gendered students. The appendix on the legal framework has been removed from the policy. This section explained how the Equality Act 2010, the Gender Recognition Act 2004, the Data Protection Act 1988, and The Human Rights Act 1988 apply to trans and non-binary people. The policy “is designed to enable staff to provide appropriate support to trans students.” In the new version’s introduction, the phrase “and [the College] does not tolerate transphobic behaviour” has been removed. References to videos from a trans perspective have been removed, as has the line, “Sexual Orientation is about who someone is attracted to.”

In an email to Heads of Departments, shared with Felix by Imperial 600 (I600), the College announced that Imperial had updated its policies “[f]ollowing the Office for Students’ (OfS) decision in the matter of the University of Sussex and a university’s free speech obligations, and our subsequent conversation with the OfS”. The email explains that Imperial’s policies “might inadvertently have restricted free speech and/or academic freedom, particularly in relation to the expression of gender critical views,” leading to an update of its policies.

A previous edition of the policy stated that that misgendering is a “mistake,” which has been changed to a request to “Apologise for any offence caused by use of terminology.” The email notes that the Supreme Court ruling does not remove the rights of trans people and points to some sources of support at Imperial.

The College has said that they “recognise the deep personal impact that these developments will have had upon members of our community”.

Trans and non-binary students at Imperial are still waiting for a sign of support from the College. However, LGBTQ+ officer for Imperial College Union, Anson To, told Felix they are working on a council paper that resolves to be more vocal about the Union’s support for the trans community and to further lobby Imperial to do the same.

On  20th  May, the  Equality  and  Human Rights Commission (EHCR) opened a consultation on over 40 pages of proposed changes to their Code of Practice for services, public functions and associations. The consultation was initially only open for two weeks, according to Liberty, a civil liberties advocacy group, which  began a legal challenge against the EHRC stating that the consultation period “simply does not comply with the law”. The EHRC has now extended the consultation period to six weeks. Anson To and I600 are also working on a joint response to the EHRC consultation, open for Imperial students and staff to fill out.

I600 also shared some of the results of their survey on the Supreme Court ruling, which had 401 responses. In I600’s survey, 79% of respondents expressed dismay or disagreement with the UKSC ruling and EHRC guidelines while only 18% expressed support. I600 also said all responses asked that Imperial respond in a measured and respectful way to all community members.

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